SCHEDULES
C2C1SCHEDULE 4Powers in relation to, and for, statutory undertakers
Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))
Part 2Powers for undertakers to carry out works
Opposed notices and Ministerial orders
I112
1
This paragraph applies if—
a
a notice is served under paragraph 9, and
b
a counter-notice is served under paragraph 10.
2
The statutory undertakers may—
a
withdraw the notice served under paragraph 9, or
b
apply to the Secretary of State and the appropriate Minister for an order under sub-paragraph (3).
3
The Secretary of State and the appropriate Minister may by order confer on the statutory undertakers—
a
the rights claimed in the notice under paragraph 9, or
b
such modified rights as the Secretary of State and the appropriate Minister consider it appropriate to confer on the statutory undertakers.
4
The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.
Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)